KRISHNA KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri R.N. Singh, Senior Advocate assisted by Shri G.K. Singh for the petitioner. Learned Standing Counsel appears for the State respondents. Shri Neeraj Tripathi appears for Chancellor of Mahatma Gandhi Kashi Vidyapeeth, Varanasi. Shri Ajit Kumar Singh appears for the University.

(2.) THE petitioner has prayed for setting aside the order dated 23/28th December, 2010 passed by the Chancellor, Mahatma Gandhi Kashi Vidyapeeth, Varanasi (the University), in so far as he has accepted the disagreement of the Executive Council of the University in its resolution dated 23.6.2010 to the selections of the petitioners as Lecturers (petitioner Nos. 1 to 4), Reader (petitioner No. 5) and Professor (petitioner No. 6), by direct recruitment by the selection committee in pursuance to advertisement No. 2 of 2006 followed by advertisement No. 6 of 2006 published by the University. The Chancellor has accepted the disagreement on the ground that one of the subject expert was not present in the selections in violation of Section 31 (5) (a) of the U.P. State Universities Act, 1973 (in short the Act), and if any subject expert has expressed his inability to attend the meeting of the selection committee, the Vice-Chancellor should have invited the next subject expert in the list of nominations of such experts provided by the Chancellor.

(3.) THE extract of the record of the proceedings of the selection committee; the letters sent by Prof. S.S. Kushwaha, the Vice-Chancellor of the University confidentially to the expert, on 29.10.2007, and a note on the letter that their consent has been obtained on telephone, have been placed by the University on record. Atabular chart of the presence of the subject experts, UGC observers and the representatives of the Scheduled Caste for the selections conducted by the various selection committees in the University from 9.9.2007 to 18.12.2007, has also been produced.